Tennessee Firearms Assoc. Inc.

HB 961 Which allows Handgun Permit Holders in Wildlife Management Areas, National Forest Land, Wildlife Refuges, and Public Hunting Areas is now law. It went into effect 7/9/09 when the Governor signed the bill. It took 4 years but we finally got it done.
David

*HB 0961 by *Bell ( SB 1519 by *Burchett)
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Firearms and Ammunition - As introduced, authorizes person with handgun carry permit to possess firearm in a refuge, public hunting area, wildlife management area, or on national forest land. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.

Actions Taken on HB0961 Action Date
Signed by Governor. 07/09/2009
Transmitted to Governor for his action. 06/30/2009
Signed by S. Speaker 06/30/2009
Signed by H. Speaker 06/29/2009

It was however amended. I don't think the amendments hurt it, but I would wait to see what John says regarding its efficacy on opening WMAs fully before getting too hopeful.

The reference to other state laws, I was wondering specifically if a WMA that may be in some way connected to a local park that became prohibited at the local level, since it was authorized by state law might be illegal to carry in.

I cannot, it was a concern based on the fact that I don't know much about the WMAs outside of the one I use. If there are none, then I guess WMA's are like state parks, good to go.

HB0961 was assigned Pub. Ch. 606 so it is now in the law books. It took me/we four years to get it through. All the amendment means is that you cannot go into a WMA if no one else can be there. For instance there are nesting areas that no one can enter even by foot and this law does not allow a permit holder there either. (when it was first written it said "entire area") If they are having a hunt where only "big game hunters" can be in the area and no one else in the public is allowed then you cannot go on the area just because you are a handgun permit holder. That is all the amendment means. In summary your good on WMA's unless your in an area no one else can go either or voilate any other law that would apply to you while there even while unarmed.

As for parks, Tennesse has a WMA that is part of Fall Creek Falls state park. This section of the amendment was in before State park carry was allowed. Since State Park carry is now allowed under a different bill it voids this section of the amendment so your OK there as well.
David

Here is my conversation with Rep Mike Bell (R) on the amendment. This should clarify it. There are no WMA's in local Parks but are some in state parks and state forests.
David

--------------------------------------------------------------------------------
From: David [mailto:n24wheel@comcast.net]
Sent: Wednesday, June 17, 2009 11:27 PM
To: Mike Bell
Subject: RE: hb961


Mike,
I meant to ask about Amendment 1

AMENDMENT #1 specifies that a person with a handgun permit may not possess a handgun in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or natural area unless otherwise authorized under present law. This amendment also specifies that a person may not access any area unless the person is in full compliance with all wildlife laws and rules.

_______________________________
The state park part of the amendment is a mute point now that the state park bill has past. The other part was language TWRA wanted to assure this bill was not giving people access to areas that are closed to all human traffic such as a waterfowl refuge that is closed certain times of the year for the benefit of migrating birds. I was assured this amendment would have no other effect.

mike

Called our Regional TWRA Officer today to see what his opinion was on this in one of our local quota areas. He said that as far as he knows you still can't carry on any WMAs, and the law never passed. How can an officer not stay current on the laws affecting their area's? I am new to carrying and want to be sure before I carry my gun on a WMA. John can you please iron this our for me? We CAN carry on any WMA as long as we are not hunting with the gun correct?

Someone sent me this from the Forest Service:

There has been considerable interest lately in the recent passage of a State law amendment re: handgun carry permits. Bottom line - the way the law was amended it is permissible for people who have a gun carry permit to posses a handgun on Wildlife Management Areas - this includes the Cherokee WMA. So if you are asked "may I carry my handgun in the Cherokee National if I have a gun carry permit?" - the answer is yes.

- TWRA has apparently set some restrictions on carrying a handgun while hunting - following is TWRA's official public statement on all of this:

TWRA PUBLIC STATEMENT RELATED TO HANDGUN CARRY PERMITS
Recent legislative changes provide that individuals who possess a carry permit may possess their handgun while on TWRA wildlife management areas, public hunting areas or refuges open to hunter access. The handgun may not be used for taking game unless specifically permitted by TWRA regulation. This change will now allow those with carry permits to possess their handgun at times when previously it would not have been permissible such as during archery hunting. TWRA will apply this same interpretation to those possessing carry permits while hunting on private lands.

TNdeer.com has a section to ask TWRA questions such as this. Several question wqere aked concering this and this was the response on 8/17/09

TWRA PUBLIC STATEMENT RELATED TO HANDGUN CARRY PERMITS

Recent legislative changes provide that individuals who possess a carry permit may possess their handgun while on TWRA wildlife management areas, public hunting areas or refuges open to hunter access. The handgun may not be used for taking game unless specifically permitted by TWRA regulation. This change will now allow those with carry permits to possess their handgun at times when previously it would not have been permissible such as during archery hunting. TWRA will apply this same interpretation to those possessing carry permits while hunting on private lands.

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We are currently trying to contact all of our field personnel regarding these changes so please refrain from asking specific questions until all of our personnel have been notified of the new procedures. Just prior to the archery season, you may contact your local wildlife officer or regional office for more information.

TWRA's website homepage also states (just above the section on "Handguns"):

"Firearms
Use, possession or transportation of firearms, bows and arrows or other arms and ammunition is expressly prohibited except when authorized. Firearms loaded with ammunition in either the chamber or magazine may not be transported in vehicles.

Does that mean a permit holder cannot have a loaded handgun with them in a vehicle? That would seem to be inconsistent with the intent of the law.

We have been told the same thing as you have about handguns on WMAs.

I finally got an answer about the public chapter dealing with long guns. We consider a firearm to be loaded if there is a round in the magazine or chamber. With this new public chapter, a permit holder will now be able to transport a long gun in the vehicle WITH a round in the MAGAZINE and not be considered "transporting loaded".

Just go to the TWRA website under FAQ (Frequently asked questions) They are applying this to hunting statewide as well.
It took us 4 years but we finally got it thru. Thank your legislators for supporting this bill
David

http://www.state.tn.us/twra/faqmain.html
May persons possessing handgun carry permits possess their handguns while on WMAs, PHAs, or refuges open to hunter access?
Recent legislative changes provide that individuals who possess a carry permit may possess their handgun while on TWRA wildlife management areas, public hunting areas, or refuges open to hunter access. The handgun may not be used for taking game unless specifically permited by TWRA regulation. This change will now allow those with carry permits to possess their handgun at times when previously it would not have been permissible such as during archery hunting. TWRA will apply this same interpretation to those possessing carry permits while hunting on private lands.

I am confused. I was just on the Cherokee National Forest website and it states,

Are firearms allowed?
Use, possession or transportation of firearms, bow & arrows and other arms or ammunition are prohibited, except during designated hunting seasons. While possessing a firearm for the purpose of hunting you must have a valid state hunting license in your possession for the species you intend to hunt. The firearm possessed must be of the type legal for hunting the species that are in season. Firearms must be unloaded during transport. While camping firearms must remain in camp except during legal hunting hours.


Can I carry within the Cherokee National Forest or not?